La Monte v. La Monte

Appellate Division of the Supreme Court of New York

La Monte v. La Monte

38 A.D.2d 635, 327 N.Y.S.2d 130, 1971 N.Y. App. Div. LEXIS 2702

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 15, 1971

StatusPublished

This text of 38 A.D.2d 635 (La Monte v. La Monte) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

La Monte v. La Monte, 38 A.D.2d 635, 327 N.Y.S.2d 130, 1971 N.Y. App. Div. LEXIS 2702 (N.Y. Ct. App. 1971).

Pincite

Opinion

Appeal from an order of the Family Court, Albany County, entered June 2, 1971, temporarily denying visitation rights to the petitioner. Petitioner contends that it was a deprivation of her fundamental rights for the trial court to have a confidential interview with two of her children without her consent. The Court of Appeals in Matter of Lincoln v. Lincoln (24 N Y 2d 270) determined that since the primary concern of the court is and must be the welfare and interests of the children, the rights of their parents must, in the ease of conflict, yield to that superior demand. It therefore held that such an interview in private is permissible. Order affirmed, without costs. Reynolds, J. P., Aulisi, Staley, Jr., Greenblott and ‘Sweeney, JJ., concur.

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Appeal from an order of the Family Court, Albany County, entered June 2, 1971, temporarily denying visitation rights to the petitioner. Petitioner contends that it was a deprivation of her fundamental rights for the trial court to have a confidential interview with two of her children without her consent. The Court of Appeals in Matter of Lincoln v. Lincoln (24 N Y 2d 270) determined that since the primary concern of the court is and must be the welfare and interests of the children, the rights of their parents must, in the ease of conflict, yield to that superior demand. It therefore held that such an interview in private is permissible. Order affirmed, without costs. Reynolds, J. P., Aulisi, Staley, Jr., Greenblott and ‘Sweeney, JJ., concur.

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Bluebook (online)

38 A.D.2d 635, 327 N.Y.S.2d 130, 1971 N.Y. App. Div. LEXIS 2702, Counsel Stack Legal Research, https://law.counselstack.com/opinion/la-monte-v-la-monte-nyappdiv-1971.